RAM MILAN Vs. STATE OF M P

JUDGEMENT

(1.) This appeal was heard and dismissed on merits by virtue of the judgment dated 17/12/2004 passed by another Division Bench of this Court. In appeal, the Apex Court vide its order dated 13/5/2005 passed in Cr.A.No.737/2005, set aside the judgment and remanded the case for hearing and decision afresh in the light of the observations made therein. However, in view of disinclination expressed by one of the members comprising the earlier Bench, this appeal has been assigned to this Bench for disposal according to law. That is how; the appeal has come up for hearing before us.

(2.) The appellants and two others were tried by the First Additional Sessions Judge, Tikamgarh on the charges under Sections 148, 302 and 307 read with Section 149 and 506 Part-II of the IPC. In addition, the appellant no.1 Ram Milan (for short 'A1') and one of the co-accused Ram Viloki were also charged with the offence punishable under Section 25(1)(b) of the Arms Act. By the judgment dated 9/9/2000 passed in Sessions Trial no.129/96, the co-accused namely Ram Viloki and Ram Kishore were acquitted of all charges; A1 was also not found guilty of the offence under Section 25(1)(b) of the Arms Act. He and the appellant no.2 Ramdas (for short 'A2') were also acquitted of the charge under Section 506 Part-II of the IPC. However, both the appellants were convicted under Sections 148 and 302 read with Section 149 of the IPC and were sentenced respectively to undergo RI for six months and life imprisonment and a fine of Rs.1000/-under Section 302 read with Section 149 IPC was also imposed with a direction for imprisonment for three months in default of payment thereof. Being aggrieved, they have preferred this appeal. Admittedly, the State has not presented any appeal against the order of acquittal recorded by the learned trial Judge.

(3.) Now, the prosecution story, in nutshell, may be narrated as under :